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S2837 (ACTIVE) - Summary

Enacts the "solar panel collection act" to require manufacturers of solar panels to collect such panels when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.

S2837 (ACTIVE) - Sponsor Memo

BILL NUMBER: S2837
TITLE OF BILL : An act to amend the environmental conservation law,
in relation to enacting the "solar panel collection act"; and
providing for the repeal of such provisions upon expiration thereof
PURPOSE :
To establish solar panel recycling infrastructure and protocols.
SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 27-3101 of environmental
conservation law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service
solar panel, "qualified contractor", "qualified local government
authorities", "solar panel", "solar panel manufacturer", "solar panel
retailer", and "solar panel wholesaler".
Section 2 amends section 27-3103 of environmental conservation law to
establish criteria for solar panel collection; amends section 27-3105
of environmental conservation law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental
Conservation must adhere to; amends section 27-3109 of environmental

conservation law to establish restrictions to solar panel disposal
methods.
Section 3 states proper solar panel disposal requirements placed upon
any person, contractor, department, authority, instrumentality,
municipal corporation of the state.
Section 4 sets forth the effective date and repeal date.
JUSTIFICATION :
As residents of New York State switch to alternative forms of energy
in order to reduce dependence on fossil fuels we have seen a rise in
the use of solar panels. The immense growth of the solar energy
industry could lead to an accumulation of photovoltaic(PV) waste. The
U.S Department of Energy projects the nation will have cumulatively
installed 700 gigawatts of PV equipment.
Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials
and rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they
can have potential negative environmental effects.
It is essential that we take action that is both economically and
environmentally friendly. In order to do this we must establish
infrastructure to accommodate for the long term management of solar
waste.
LEGISLATIVE HISTORY :
2016: S.7789
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
The act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2837
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sens. O'MARA, HOYLMAN, LATIMER, SERRANO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the "solar panel collection act"; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "solar panel collection act".
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 31 to read as follows:
TITLE 31
SOLAR PANEL COLLECTION ACT
SECTION 27-3101. DEFINITIONS.
27-3103. SOLAR PANEL COLLECTION.
27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
27-3107. DEPARTMENT RESPONSIBILITIES.
27-3109. DISPOSAL PROHIBITION.
§ 27-3101. DEFINITIONS.
1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE SOLAR PANELS THAT IS
FINANCED AND MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER INDIVID-
UALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS IN ACCORDANCE
WITH THIS SECTION.
2. "OUT-OF-SERVICE SOLAR PANEL" MEANS A SOLAR PANEL THAT IS REMOVED,
REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
3. "QUALIFIED CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE OR REMOVAL OF SOLAR PANELS WHO EMPLOYS SEVEN OR
MORE SERVICE TECHNICIANS OR INSTALLERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07112-01-7

S. 2837 2
4. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION OR PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
5. "SOLAR PANEL" MEANS A BANK OF SOLAR CELLS THAT, WHEN EXPOSED TO
RADIATION FROM THE SUN, CAN GENERATE HEATING OR ELECTRICITY.
6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A NAME
BRAND OF ONE OR MORE SOLAR PANELS SOLD IN THE STATE.
7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE
OR DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATA-
LOGS.
8. "SOLAR PANEL WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO CONTRACTORS, AND
WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS
TOTAL SALES. A SOLAR PANEL MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTUR-
ING, A SOLAR PANEL WHOLESALER.
§ 27-3103. SOLAR PANEL COLLECTION.
1. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY,
WITH OTHER SOLAR PANEL MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, DISPOSAL AND PROPER
MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
2. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY
WITH OTHER SOLAR PANEL MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO
THE FOLLOWING:
(A) ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS IN THE STATE.
(B) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT, RECYCLE, DISPOSE AND
PROPERLY MANAGE OUT-OF-SERVICE SOLAR PANELS FROM ALL COLLECTION SITES.
(C) NOT INCLUDE ANY FEES OR OTHER CHARGES TO CONSUMERS OR PERSONS
PARTICIPATING IN THE PROGRAM.
(D) BEGINNING JULY FIRST, TWO THOUSAND EIGHTEEN, CONDUCT EDUCATION AND
OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(I) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR
PANELS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL MATERI-
ALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASILY
DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
(II) CONTACT SOLAR PANEL WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND PROPER MANAGEMENT OF
OUT-OF-SERVICE SOLAR PANELS;
(III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE SOLAR
PANELS IN THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
(IV) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS STORIES
PERTAINING TO THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND
RECYCLING OUT-OF-SERVICE SOLAR PANELS AND DISTRIBUTE THOSE MATERIALS TO
TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
(E) ON OR BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN, DEVELOP AND UPDATE
AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS. THESE MATERIALS
SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING SOLAR PANEL WHOLE-
SALERS, SOLAR PANEL RETAILERS, CONTRACTORS, AND QUALIFIED GOVERNMENT
S. 2837 3
AUTHORITIES. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(I) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT-
LY DISPLAYED TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR PANELS TO
CONTRACTORS AND CONSUMERS; AND
(II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
SOLAR PANEL WHOLESALERS AND SOLAR PANEL RETAILERS TO BE PROVIDED TO
CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF A SOLAR PANEL. THE
MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE
IMPORTANCE OF PROPERLY MANAGING OUT-OF-SERVICE SOLAR PANELS AND OPPORTU-
NITIES FOR THE COLLECTION OF THESE SOLAR PANELS.
(F) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT TO REVIEW AND OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
3. NO LATER THAN APRIL FIRST, TWO THOUSAND NINETEEN, AND NO LATER THAN
APRIL FIRST OF EACH YEAR THEREAFTER, EACH SOLAR PANEL MANUFACTURER
SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTUR-
ERS, SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT
COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVI-
OUS YEAR. EACH REPORT SHALL BE POSTED ON THE MANUFACTURER'S OR PROGRAM
OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE
THE FOLLOWING:
(A) THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS COLLECTED AND MANAGED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS SOLAR PANEL COLLECTION SITES AND THE NUMBER OF OUT-OF-
SERVICE SOLAR PANELS RETURNED BY EACH;
(C) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
(D) A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
(E) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS USED UNDER PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION;
(F) THE INTERNET WEBSITE ADDRESS OF ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
(G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED;
(H) ANY MODIFICATIONS THAT THE SOLAR PANEL MANUFACTURER IS PLANNING TO
MAKE IN ITS COLLECTION PROGRAM; AND
(I) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
4. ALL CONTRACTORS, SOLAR PANEL WHOLESALERS, SOLAR PANEL MANUFACTUR-
ERS, AND SOLAR PANEL RETAILERS PARTICIPATING IN THE PROGRAM SHALL HANDLE
AND MANAGE THE OUT-OF-SERVICE SOLAR PANELS IN A MANNER THAT IS CONSIST-
ENT WITH THE REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
5. ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, NO SOLAR PANEL
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
SOLAR PANELS UNLESS THE WHOLESALER PARTICIPATES AS A COLLECTION SITE FOR
OUT-OF-SERVICE SOLAR PANELS OR REQUESTS AND RECEIVES A WAIVER FROM THE
DEPARTMENT FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION WOULD POSE
AN UNDUE BURDEN.
§ 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
NO SOLAR PANEL WHOLESALER OR SOLAR PANEL RETAILER SHALL SELL, OFFER
FOR SALE OR DISTRIBUTE ANY SOLAR PANEL FOR FINAL SALE UNLESS THE
MANUFACTURER OF SUCH SOLAR PANEL IS LISTED ON THE DEPARTMENT'S WEBSITE,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
§ 27-3107. DEPARTMENT RESPONSIBILITIES.
S. 2837 4
1. NO LATER THAN JUNE FIRST, TWO THOUSAND NINETEEN, THE DEPARTMENT
SHALL MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND
PROPER MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN THE STATE. THE
INFORMATION SHALL INCLUDE THE FOLLOWING:
(A) A DESCRIPTION OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
SECTION; AND
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS COLLECTION SITES.
2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO, THE DEPART-
MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS
COLLECTED, HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED, AND AN
ESTIMATE OF THE NUMBER OF SOLAR PANELS THAT ARE AVAILABLE FOR
COLLECTION. THE DEPARTMENT SHALL USE THIS INFORMATION TO RECOMMEND
WHETHER THE PROVISIONS OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH
ANY OTHER STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT
SHALL CONSULT WITH SOLAR PANEL MANUFACTURERS, ENVIRONMENTAL ORGANIZA-
TIONS, MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
§ 27-3109. DISPOSAL PROHIBITION.
1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE SOLAR PANELS WITH SOLID
WASTE OR RECYCLABLE MATERIALS.
2. NO TRANSPORTER SHALL KNOWINGLY DELIVER SOLAR PANELS OR KNOWINGLY
CAUSE SUCH MATERIALS TO BE DELIVERED TO:
(A) AN INCINERATOR;
(B) A LANDFILL;
(C) A TRANSFER STATION; OR
(D) ANYONE WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
3. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
SOLAR PANELS FOR DISPOSAL.
4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE SOLAR
PANELS WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO BE TRANSFERRED
TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
5. EACH LANDFILL AND TRANSFER STATION SHALL POST, IN A CONSPICUOUS
LOCATION AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE NOT
ACCEPTED AT THE FACILITY.
§ 3. a. Any person or contractor who replaces a solar panel from a
building shall deliver the solar panel to an appropriate collection
site.
b. Any person or contractor who demolishes a building shall ensure
that all solar panels are removed from the building prior to demolition
and shall dispose of the solar panels at a collection site.
c. Any department, authority, instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of solar panels as a result of any statutory requirement,
shall inform contractors of their statutory obligations to deliver the
solar panels to a collection site and prohibiting the disposal of such
solar panels in a solid-waste facility.
d. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in part by or through any department, agency, instrumentality, or poli-
tical subdivision of the state for the installation, service, removal or
handling of solar panels, shall ensure the collection, transportation
S. 2837 5
and proper management of out-of-service solar panels in accordance with
the provisions of title 31 of article 27 of the environmental conserva-
tion law.
§ 4. This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2028.

S2837A (ACTIVE) - Summary

Enacts the "solar panel collection act" to require manufacturers of solar panels to collect such panels when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.

S2837A (ACTIVE) - Sponsor Memo

BILL NUMBER: S2837A
SPONSOR: O'MARA
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the "solar panel collection act"; and providing for
the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To establish solar panel recycling infrastructure and protocols.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 27-3101 of environmental conserva-
tion law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service solar
panel, "qualified contractor", "qualified local government authorities",
"solar panel", Molar panel manufacturer", "solar panel retailer", and
"solar panel wholesaler".
Section 2 amends section 27-3103 of environmental- conservation law to

establish criteria. for solar panel collection; amends section 27-3105
of environmental conservation law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental Conservation
must adhere to; amends section 27-3109 of environmental conservation law
to establish restrictions to solar panel disposal methods.
Section 3 states proper :olar panel disposal requirements placed upon
any person, contractor,department, authority, instrumentality, munici-
pal corporation of the state.
Section 4 sets forth the effective date and repeal date.
JUSTIFICATION:
As residents of New York State switch to alternative forms of energy in
order to reduce dependence on fossil fuels we have seen a rise in the
use of solar panels. The immense growth of the solar energy industry
could lead to an accumulation of photovoltaic(PV) waste. The U.S Depart-
ment of Energy projects the nation will have cumulatively installed 700
gigawatts of PV equipment.
Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials and
rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they can
have potential negative environmental effects.
It is essential that we take action that is both economically and envi-
ronmentally friendly. In order to do this we must establish infrastruc-
ture to accommodate for the long term management of solar waste.
PRIOR LEGISLATIVE HISTORY:
2016:739
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
The act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2837--A
Cal. No. 70
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sens. O'MARA, AVELLA, BAILEY, BROOKS, FUNKE, HOYLMAN,
KAMINSKY, KENNEDY, LAVALLE, PHILLIPS, SAVINO, SERRANO, VALESKY -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first
report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
AN ACT to amend the environmental conservation law, in relation to
enacting the "solar panel collection act"; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "solar panel collection act".
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 31 to read as follows:
TITLE 31
SOLAR PANEL COLLECTION ACT
SECTION 27-3101. DEFINITIONS.
27-3103. SOLAR PANEL COLLECTION.
27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
27-3107. DEPARTMENT RESPONSIBILITIES.
27-3109. DISPOSAL PROHIBITION.
§ 27-3101. DEFINITIONS.
1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION, RECYCLING, AND DISPOSAL OF OUT-OF-SERVICE SOLAR PANELS THAT IS
FINANCED AND MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER INDIVID-
UALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS IN ACCORDANCE
WITH THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD07112-02-8
S. 2837--A 2
2. "OUT-OF-SERVICE SOLAR PANEL" MEANS A SOLAR PANEL THAT IS REMOVED,
REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
3. "QUALIFIED CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLATION, SERVICE OR REMOVAL OF SOLAR PANELS WHO EMPLOYS SEVEN OR
MORE SERVICE TECHNICIANS OR INSTALLERS.
4. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION OR PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
5. "SOLAR PANEL" MEANS A BANK OF SOLAR CELLS THAT, WHEN EXPOSED TO
RADIATION FROM THE SUN, CAN GENERATE HEATING OR ELECTRICITY.
6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO OWNS OR OWNED A NAME
BRAND OF ONE OR MORE SOLAR PANELS SOLD IN THE STATE.
7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER NONPROFESSIONALS THROUGH ANY SALE
OR DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATA-
LOGS.
8. "SOLAR PANEL WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO CONTRACTORS, AND
WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR EIGHTY PERCENT OR MORE OF ITS
TOTAL SALES. A SOLAR PANEL MANUFACTURER IS NOT, BY VIRTUE OF MANUFACTUR-
ING, A SOLAR PANEL WHOLESALER.
§ 27-3103. SOLAR PANEL COLLECTION.
1. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY,
WITH OTHER SOLAR PANEL MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, DISPOSAL AND PROPER
MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
2. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY
WITH OTHER SOLAR PANEL MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO
THE FOLLOWING:
(A) ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS IN THE STATE.
(B) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT, RECYCLE, DISPOSE AND
PROPERLY MANAGE OUT-OF-SERVICE SOLAR PANELS FROM ALL COLLECTION SITES.
(C) NOT INCLUDE ANY FEES OR OTHER CHARGES TO CONSUMERS OR PERSONS
PARTICIPATING IN THE PROGRAM.
(D) BEGINNING JULY FIRST, TWO THOUSAND NINETEEN, CONDUCT EDUCATION AND
OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(I) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR
PANELS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCATIONAL MATERI-
ALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN BE EASILY
DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE PROVIDED TO
THE DEPARTMENT;
(II) CONTACT SOLAR PANEL WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CUSTOMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND PROPER MANAGEMENT OF
OUT-OF-SERVICE SOLAR PANELS;
(III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE SOLAR
PANELS IN THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
(IV) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS STORIES
PERTAINING TO THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND
RECYCLING OUT-OF-SERVICE SOLAR PANELS AND DISTRIBUTE THOSE MATERIALS TO
TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
S. 2837--A 3
(E) ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN, DEVELOP AND UPDATE
AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS. THESE MATERIALS
SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING SOLAR PANEL WHOLE-
SALERS, SOLAR PANEL RETAILERS, CONTRACTORS, AND QUALIFIED GOVERNMENT
AUTHORITIES. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(I) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT-
LY DISPLAYED TO PROMOTE THE COLLECTION OF OUT-OF-SERVICE SOLAR PANELS TO
CONTRACTORS AND CONSUMERS; AND
(II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
SOLAR PANEL WHOLESALERS AND SOLAR PANEL RETAILERS TO BE PROVIDED TO
CUSTOMERS AT THE TIME OF PURCHASE OR DELIVERY OF A SOLAR PANEL. THE
MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE
IMPORTANCE OF PROPERLY MANAGING OUT-OF-SERVICE SOLAR PANELS AND OPPORTU-
NITIES FOR THE COLLECTION OF THESE SOLAR PANELS.
(F) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT TO REVIEW AND OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
3. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY, AND NO LATER THAN
APRIL FIRST OF EACH YEAR THEREAFTER, EACH SOLAR PANEL MANUFACTURER
SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTUR-
ERS, SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT
COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVI-
OUS YEAR. EACH REPORT SHALL BE POSTED ON THE MANUFACTURER'S OR PROGRAM
OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT SHALL INCLUDE
THE FOLLOWING:
(A) THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS COLLECTED AND MANAGED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS SOLAR PANEL COLLECTION SITES AND THE NUMBER OF OUT-OF-
SERVICE SOLAR PANELS RETURNED BY EACH;
(C) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
(D) A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
(E) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS USED UNDER PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION;
(F) THE INTERNET WEBSITE ADDRESS OF ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
(G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED;
(H) ANY MODIFICATIONS THAT THE SOLAR PANEL MANUFACTURER IS PLANNING TO
MAKE IN ITS COLLECTION PROGRAM; AND
(I) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
4. ALL CONTRACTORS, SOLAR PANEL WHOLESALERS, SOLAR PANEL MANUFACTUR-
ERS, AND SOLAR PANEL RETAILERS PARTICIPATING IN THE PROGRAM SHALL HANDLE
AND MANAGE THE OUT-OF-SERVICE SOLAR PANELS IN A MANNER THAT IS CONSIST-
ENT WITH THE REQUIREMENTS FOR THE DISPOSAL OF HAZARDOUS WASTE.
5. ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, NO SOLAR PANEL
WHOLESALER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIBUTE
SOLAR PANELS UNLESS THE WHOLESALER PARTICIPATES AS A COLLECTION SITE FOR
OUT-OF-SERVICE SOLAR PANELS OR REQUESTS AND RECEIVES A WAIVER FROM THE
DEPARTMENT FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION WOULD POSE
AN UNDUE BURDEN.
§ 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
S. 2837--A 4
NO SOLAR PANEL WHOLESALER OR SOLAR PANEL RETAILER SHALL SELL, OFFER
FOR SALE OR DISTRIBUTE ANY SOLAR PANEL FOR FINAL SALE UNLESS THE
MANUFACTURER OF SUCH SOLAR PANEL IS LISTED ON THE DEPARTMENT'S WEBSITE,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
§ 27-3107. DEPARTMENT RESPONSIBILITIES.
1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL
MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND PROPER
MANAGEMENT OF OUT-OF-SERVICE SOLAR PANELS IN THE STATE. THE INFORMATION
SHALL INCLUDE THE FOLLOWING:
(A) A DESCRIPTION OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
SECTION; AND
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, CONTRACTORS, QUALIFIED
LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS PARTICIPATING IN
THE PROGRAM AS COLLECTION SITES.
2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART-
MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS
COLLECTED, HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED, AND AN
ESTIMATE OF THE NUMBER OF SOLAR PANELS THAT ARE AVAILABLE FOR
COLLECTION. THE DEPARTMENT SHALL USE THIS INFORMATION TO RECOMMEND
WHETHER THE PROVISIONS OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH
ANY OTHER STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT
SHALL CONSULT WITH SOLAR PANEL MANUFACTURERS, ENVIRONMENTAL ORGANIZA-
TIONS, MUNICIPAL RECYCLERS, AND OTHER INTEREST GROUPS.
§ 27-3109. DISPOSAL PROHIBITION.
1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE SOLAR PANELS WITH SOLID
WASTE OR RECYCLABLE MATERIALS.
2. NO TRANSPORTER SHALL KNOWINGLY DELIVER SOLAR PANELS OR KNOWINGLY
CAUSE SUCH MATERIALS TO BE DELIVERED TO:
(A) AN INCINERATOR;
(B) A LANDFILL;
(C) A TRANSFER STATION; OR
(D) ANYONE WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
3. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
SOLAR PANELS FOR DISPOSAL.
4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE SOLAR
PANELS WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO BE TRANSFERRED
TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
5. EACH LANDFILL AND TRANSFER STATION SHALL POST, IN A CONSPICUOUS
LOCATION AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE NOT
ACCEPTED AT THE FACILITY.
§ 3. a. Any person or contractor who replaces a solar panel from a
building shall deliver the solar panel to an appropriate collection
site.
b. Any person or contractor who demolishes a building shall ensure
that all solar panels are removed from the building prior to demolition
and shall dispose of the solar panels at a collection site.
c. Any department, authority, instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of solar panels as a result of any statutory requirement,
shall inform contractors of their statutory obligations to deliver the
solar panels to a collection site and prohibiting the disposal of such
solar panels in a solid-waste facility.
S. 2837--A 5
d. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in part by or through any department, agency, instrumentality, or poli-
tical subdivision of the state for the installation, service, removal or
handling of solar panels, shall ensure the collection, transportation
and proper management of out-of-service solar panels in accordance with
the provisions of title 31 of article 27 of the environmental conserva-
tion law.
§ 4. This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2029.

S2837B (ACTIVE) - Summary

Enacts the "solar panel collection act" to require manufacturers of solar panels to collect such panels when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.

S2837B (ACTIVE) - Sponsor Memo

BILL NUMBER: S2837B
SPONSOR: O'MARA
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the "solar panel collection act"; and providing for
the repeal of such provisions upon expiration thereof
PURPOSE:
To establish solar panel recycling infrastructure and protocols.
SUMMARY OF PROVISIONS:
Section. 1 of the bill amends section 27--3101 of environmental conser-
vation law to establish the title of the act as the "solar panel
collection act" and defines "collection program", "out-of-service solar
panel, "qualified contractor", "qualified local government authorities",
"solar panel", "solar panel manufacturer", "solar panel retailer", and
"solar panel wholesaler".
Section 2 amends section 27-3.103 of environmental conservation law to

establish criteria. for solar panel collection; amends section 27-3105
of environmental conservation. law to establish responsibilities of the
Department of Environmental Conservation in relation to the collection
of solar panels; amends section 27-3107 of environmental conservation
law establish requirements the Department of Environmental Conservation
must adhere to; amends section 27-3109 of environmental conservation law
to establish restrictions to solar panel disposal methods.
Section 3 states proper solar panel disposal requirements placed upon
any person contractor, department, authority, instrumentality, municipal
corporation of the state.
Section 4 sets forth the effective date and repeal date.
JUSTIFICATION:
As residents of New York State switch to alternative forms of energy in
order to reduce dependence on fossil fuels we have seen a rise in the
use of solar panels. The immense growth of the solar energy industry
could lead to an accumulation of photovoltaic(PV) waste. The U.S Depart-
ment of Energy projects the nation will have cumulatively installed 700
gigawatts of PV equipment.
Eventually, all of this equipment will reach the end of their life and
become PV waste. These PV modules contain various valuable materials and
rare metals, proper recycling will ensure that these materials and
metals are able to be reused. By recycling solar panels, we can ensure
that solar panels do not prematurely arrive at landfills where they can
have potential negative environmental effects. It is essential that we
take action that is both economically and environmentally friendly. In
order to do this we must establish infrastructure to accommodate for the
long term management of solar waste.
LEGISLATIVE HISTORY:
2015-16 A10209 referred to environmental conservation
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
The act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2837--B
Cal. No. 70
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sens. O'MARA, ADDABBO, AVELLA, BAILEY, BROOKS, FUNKE,
HOYLMAN, KAMINSKY, KENNEDY, LAVALLE, PHILLIPS, SAVINO, SERRANO, VALE-
SKY -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Environmental Conservation -- recommitted to
the Committee on Environmental Conservation in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
enacting the "solar panel collection act"; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "solar panel collection act".
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 31 to read as follows:
TITLE 31
SOLAR PANEL COLLECTION ACT
SECTION 27-3101. DEFINITIONS.
27-3103. SOLAR PANEL COLLECTION.
27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
27-3107. DEPARTMENT RESPONSIBILITIES.
27-3109. DISPOSAL PROHIBITION.
§ 27-3101. DEFINITIONS.
1. "COLLECTION PROGRAM" MEANS A SYSTEM FOR THE COLLECTION, TRANSPORTA-
TION AND RECYCLING OF OUT-OF-SERVICE SOLAR PANELS THAT IS FINANCED AND
MANAGED OR PROVIDED BY A SOLAR PANEL MANUFACTURER INDIVIDUALLY OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD07112-04-8
S. 2837--B 2
COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTURERS WITHIN THIS STATE IN
ACCORDANCE WITH THIS SECTION.
2. "OUT-OF-SERVICE SOLAR PANEL" MEANS A SOLAR PANEL THAT IS REMOVED,
REPLACED OR OTHERWISE TAKEN OUT OF SERVICE.
3. "QUALIFIED CONTRACTOR" MEANS A PERSON ENGAGED IN THE BUSINESS OF
INSTALLING, REPAIRING, SERVICING OR THE REMOVAL OF SOLAR PANELS AND WHO
EMPLOYS SEVEN OR MORE SERVICE TECHNICIANS.
4. "QUALIFIED LOCAL GOVERNMENT AUTHORITIES" MEANS ANY MUNICIPAL CORPO-
RATION OR PLANNING UNIT AS DEFINED IN SECTION 27-0107 OF THIS ARTICLE,
OR COUNTY DEPARTMENTS OF HEALTH.
5. "SOLAR PANEL" MEANS A BANK OF SOLAR CELLS THAT, WHEN EXPOSED TO
RADIATION FROM THE SUN, CAN GENERATE HEATING OR ELECTRICITY.
6. "SOLAR PANEL MANUFACTURER" MEANS A PERSON WHO MANUFACTURES ONE OR
MORE NAME BRAND SOLAR PANELS WITHIN THIS STATE.
7. "SOLAR PANEL RETAILER" MEANS A PERSON WHO SELLS SOLAR PANELS OF ANY
KIND PRIMARILY TO HOMEOWNERS OR OTHER CONSUMERS THROUGH ANY SALE OR
DISTRIBUTION MECHANISM INCLUDING SALES USING THE INTERNET OR CATALOGS.
8. "SOLAR PANEL WHOLESALER" MEANS A PERSON WHO IS ENGAGED IN THE
DISTRIBUTION AND WHOLESALE SELLING OF SOLAR PANELS TO QUALIFIED CONTRAC-
TORS OR OTHER CONSUMERS, AND WHOSE TOTAL WHOLESALE SALES ACCOUNT FOR
EIGHTY PERCENT OR MORE OF ITS TOTAL SALES. A SOLAR PANEL MANUFACTURER IS
NOT, BY VIRTUE OF MANUFACTURING, A SOLAR PANEL WHOLESALER.
9. "CONSUMER" MEANS AN INDIVIDUAL, BUSINESS, PARTNERSHIP, ASSOCIATION,
CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION OR OTHER LEGAL
ENTITY THAT PURCHASES, OPERATES, OWNS OR USES ONE OR MORE SOLAR PANELS.
10. "RECYCLING" MEANS REFURBISHING OUT-OF-SERVICE SOLAR PANELS FOR
CONTINUED REUSE AS A PRODUCT OR CAPTURING THE METALS VIA RECLAMATION.
§ 27-3103. SOLAR PANEL COLLECTION.
1. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY,
WITH OTHER SOLAR PANEL MANUFACTURERS, ESTABLISH AND MAINTAIN A PROGRAM
FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF OUT-OF-SERVICE SOLAR
PANELS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
2. EACH SOLAR PANEL MANUFACTURER SHALL, INDIVIDUALLY OR COLLECTIVELY
WITH OTHER SOLAR PANEL MANUFACTURERS THROUGH A COLLECTION PROGRAM, DO
THE FOLLOWING:
(A) ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, COMPILE A LIST OF
SOLAR PANEL WHOLESALERS WITHIN THIS STATE.
(B) ESTABLISH A SYSTEM TO COLLECT, TRANSPORT AND RECYCLE OUT-OF-SER-
VICE SOLAR PANELS FROM ALL COLLECTION SITES.
(C) NOT INCLUDE ANY FEES OR OTHER CHARGES TO CONSUMERS OR PERSONS
PARTICIPATING IN THE PROGRAM.
(D) BEGINNING JULY FIRST, TWO THOUSAND NINETEEN, CONDUCT EDUCATION AND
OUTREACH EFFORTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(I) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
EDUCATIONAL MATERIALS TO PROMOTE THE COLLECTION AND RECYCLING OF OUT-OF-
SERVICE SOLAR PANELS. THIS WEBSITE SHALL INCLUDE TEMPLATES OF THE EDUCA-
TIONAL MATERIALS ON THE INTERNET WEBSITE IN A FORM AND FORMAT THAT CAN
BE EASILY DOWNLOADED AND PRINTED. THE LINK TO THIS WEBSITE SHALL BE
PROVIDED TO THE DEPARTMENT;
(II) CONTACT SOLAR PANEL WHOLESALERS AT LEAST ONCE A YEAR TO ENCOURAGE
THEIR SUPPORT AND PARTICIPATION IN EDUCATING CONSUMERS ON THE IMPORTANCE
OF STATUTORY REQUIREMENTS FOR THE COLLECTION AND RECYCLING OF OUT-OF-
SERVICE SOLAR PANELS;
(III) CREATE AND MAINTAIN A WEB-BASED PROGRAM THAT ALLOWS CONTRACTORS
AND CONSUMERS TO IDENTIFY COLLECTION SITES FOR OUT-OF-SERVICE SOLAR
S. 2837--B 3
PANELS IN THE STATE AND PROVIDE A LIST OF COLLECTION SITES TO THE
DEPARTMENT; AND
(IV) DEVELOP INFORMATIONAL ARTICLES, PRESS RELEASES, AND NEWS STORIES
PERTAINING TO THE IMPORTANCE OF AND OPPORTUNITIES FOR COLLECTING AND
RECYCLING OUT-OF-SERVICE SOLAR PANELS AND DISTRIBUTE THOSE MATERIALS TO
TRADE PUBLICATIONS, LOCAL MEDIA, AND STAKEHOLDER GROUPS.
(E) ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN, DEVELOP AND UPDATE
AS NECESSARY EDUCATIONAL AND OTHER OUTREACH MATERIALS FOR DISTRIBUTION
TO QUALIFIED CONTRACTORS, CONTRACTOR ASSOCIATIONS AND CONSUMERS. THESE
MATERIALS SHALL BE MADE AVAILABLE FOR USE BY PARTICIPATING SOLAR PANEL
WHOLESALERS, SOLAR PANEL RETAILERS, QUALIFIED CONTRACTORS, AND QUALIFIED
GOVERNMENT AUTHORITIES. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(I) SIGNAGE, SUCH AS POSTERS AND CLING SIGNAGE, THAT CAN BE PROMINENT-
LY DISPLAYED TO PROMOTE THE RECYCLING OF OUT-OF-SERVICE SOLAR PANELS TO
QUALIFIED CONTRACTORS AND CONSUMERS; AND
(II) WRITTEN MATERIALS OR TEMPLATES OF MATERIALS FOR REPRODUCTION BY
SOLAR PANEL WHOLESALERS AND SOLAR PANEL RETAILERS TO BE PROVIDED TO
CONSUMERS AT THE TIME OF PURCHASE OR DELIVERY OF A SOLAR PANEL. THE
MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON THE
IMPORTANCE OF RECYCLING OUT-OF-SERVICE SOLAR PANELS AND OPPORTUNITIES
FOR THE COLLECTION OF THESE SOLAR PANELS.
(F) PROVIDE AN OPPORTUNITY FOR THE DEPARTMENT TO REVIEW AND OFFER
FEEDBACK AND SUGGESTIONS ON THE COLLECTION PROGRAM.
3. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY, AND NO LATER THAN
APRIL FIRST OF EACH YEAR THEREAFTER, EACH SOLAR PANEL MANUFACTURER
SHALL, INDIVIDUALLY OR COLLECTIVELY WITH OTHER SOLAR PANEL MANUFACTUR-
ERS, SUBMIT AN ANNUAL REPORT ON ITS COLLECTION PROGRAM TO THE DEPARTMENT
COVERING THE ONE-YEAR PERIOD ENDING DECEMBER THIRTY-FIRST OF THE PREVI-
OUS YEAR. EACH REPORT SHALL BE POSTED ON THE SOLAR PANEL MANUFACTURER'S
OR PROGRAM OPERATOR'S RESPECTIVE INTERNET WEBSITE. THE ANNUAL REPORT
SHALL INCLUDE THE FOLLOWING:
(A) THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS COLLECTED AND RECYCLED
UNDER THIS SECTION DURING THE PREVIOUS CALENDAR YEAR;
(B) A LIST OF ALL SOLAR PANEL MANUFACTURES, SOLAR PANEL WHOLESALERS,
CONTRACTORS, QUALIFIED LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL
RETAILERS PARTICIPATING IN THE PROGRAM AS SOLAR PANEL COLLECTION SITES;
(C) AN ACCOUNTING OF THE PROGRAM'S ADMINISTRATIVE COSTS;
(D) A DESCRIPTION OF OUTREACH STRATEGIES EMPLOYED UNDER PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION;
(E) EXAMPLES OF OUTREACH AND EDUCATIONAL MATERIALS USED UNDER PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION;
(F) THE INTERNET WEBSITE ADDRESS OR ADDRESSES WHERE THE ANNUAL REPORT
MAY BE VIEWED ONLINE;
(G) A DESCRIPTION OF HOW THE OUT-OF-SERVICE SOLAR PANELS WERE
COLLECTED AND RECYCLED;
(H) ANY MODIFICATIONS THAT THE SOLAR PANEL MANUFACTURER IS PLANNING TO
MAKE IN ITS COLLECTION PROGRAM; AND
(I) THE IDENTIFICATION OF A COLLECTION PROGRAM CONTACT AND THE BUSI-
NESS PHONE NUMBER, MAILING ADDRESS, AND E-MAIL ADDRESS FOR THE CONTACT.
4. ALL SOLAR PANEL MANUFACTURERS PARTICIPATING IN THE PROGRAM SHALL
HANDLE AND MANAGE ANY OUT-OF-SERVICE SOLAR PANELS THAT CANNOT BE RECY-
CLED AND HAVE BEEN DETERMINED TO BE OR TO CONTAIN HAZARDOUS WASTE, AS
DEFINED PURSUANT TO REGULATIONS OF THE DEPARTMENT, CONSISTENT WITH THE
REQUIREMENTS FOR THE MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE.
S. 2837--B 4
5. ON AND AFTER JULY FIRST, TWO THOUSAND NINETEEN, NO SOLAR PANEL
MANUFACTURER SHALL SELL, OFFER TO SELL, DISTRIBUTE, OR OFFER TO DISTRIB-
UTE SOLAR PANELS UNLESS THE MANUFACTURER PARTICIPATES AS A COLLECTION
SITE FOR OUT-OF-SERVICE SOLAR PANELS OR REQUESTS AND RECEIVES A WAIVER
FROM THE DEPARTMENT FOLLOWING A DEMONSTRATION THAT SUCH PARTICIPATION
WOULD POSE AN UNDUE BURDEN.
§ 27-3105. SOLAR PANEL WHOLESALER AND RETAILER REQUIREMENTS.
NO SOLAR PANEL WHOLESALER OR SOLAR PANEL RETAILER LOCATED WITHIN THIS
STATE SHALL SELL, OFFER FOR SALE OR DISTRIBUTE ANY SOLAR PANEL FOR FINAL
SALE UNLESS THE SOLAR PANEL MANUFACTURER OF SUCH SOLAR PANEL IS LISTED
ON THE DEPARTMENT'S WEBSITE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE.
§ 27-3107. DEPARTMENT RESPONSIBILITIES.
1. NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY, THE DEPARTMENT SHALL
MAINTAIN ON ITS WEBSITE INFORMATION REGARDING THE COLLECTION AND RECYCL-
ING OF OUT-OF-SERVICE SOLAR PANELS IN THE STATE. THE INFORMATION SHALL
INCLUDE THE FOLLOWING:
(A) A DESCRIPTION OF THE COLLECTION PROGRAMS ESTABLISHED UNDER THIS
SECTION AND A LIST OF SOLAR PANEL MANUFACTURERS OF SUCH SOLAR PANELS
PARTICIPATING IN THE COLLECTION PROGRAM PURSUANT TO THIS TITLE; AND
(B) A LIST OF ALL SOLAR PANEL WHOLESALERS, QUALIFIED CONTRACTORS,
QUALIFIED LOCAL GOVERNMENT AUTHORITIES, AND SOLAR PANEL RETAILERS
PARTICIPATING IN THE PROGRAM AS COLLECTION SITES.
2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART-
MENT SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE LEGISLATURE
REGARDING THE EFFECTIVENESS OF THE COLLECTION PROGRAMS ESTABLISHED UNDER
THIS SECTION, INFORMATION ON THE NUMBER OF OUT-OF-SERVICE SOLAR PANELS
COLLECTED, AND HOW THE OUT-OF-SERVICE SOLAR PANELS WERE MANAGED. THE
DEPARTMENT SHALL USE THIS INFORMATION TO RECOMMEND WHETHER THE
PROVISIONS OF THIS SECTION SHOULD BE EXTENDED, ALONG WITH ANY OTHER
STATUTORY CHANGES. IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT
WITH SOLAR PANEL MANUFACTURERS, ENVIRONMENTAL ORGANIZATIONS, MUNICIPAL
RECYCLERS, AND OTHER INTEREST GROUPS.
§ 27-3109. DISPOSAL PROHIBITION.
1. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE SOLAR PANELS WITH SOLID
WASTE OR RECYCLABLE MATERIALS.
2. NO TRANSPORTER SHALL KNOWINGLY DELIVER SOLAR PANELS OR KNOWINGLY
CAUSE SUCH MATERIALS TO BE DELIVERED TO THE FOLLOWING FACILITIES LOCATED
WITHIN THIS STATE:
(A) AN INCINERATOR;
(B) A LANDFILL;
(C) A TRANSFER STATION; OR
(D) A FACILITY WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL EITHER
COMMINGLE SUCH MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH MATERI-
ALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL.
3. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
SOLAR PANELS FOR DISPOSAL.
4. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE SOLAR
PANELS WITH OTHER SOLID WASTE OR CAUSE SUCH MATERIALS TO BE TRANSFERRED
TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
5. EACH LANDFILL AND INCINERATOR SHALL POST, IN A CONSPICUOUS LOCATION
AT THE FACILITY, A SIGN STATING THAT SOLAR PANELS ARE NOT ACCEPTED AT
THE FACILITY.
§ 3. a. Any consumer or qualified contractor who replaces a solar
panel from a building shall deliver the solar panel to an appropriate
collection site.
S. 2837--B 5
b. Any person or contractor who demolishes a building shall ensure
that all solar panels are removed from the building prior to demolition
and shall deliver the solar panels to a collection site.
c. Any department, authority, instrumentality, or municipal corpo-
ration of the state administering a program that involves the removal or
replacement of solar panels as a result of any statutory requirement,
shall inform contractors of their statutory obligations to deliver the
solar panels to a collection site and prohibiting the disposal of such
solar panels in a solid-waste facility.
d. Any contractor, organization or subcontractor of such organization,
who contracts with or receives funding or financing provided in whole or
in part by or through any department, agency, instrumentality, or poli-
tical subdivision of this state for the sale, distribution, service,
removal, collection and recycling of solar panels, shall ensure the
collection, transportation and proper management of out-of-service solar
panels in accordance with the provisions of title 31 of article 27 of
the environmental conservation law.
§ 4. This act shall take effect immediately, and shall expire and be
deemed repealed January 1, 2029.

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